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Penal Reform International has published a handbook for detention monitors entitled Corruption in Prisons, which is available below.
- Corruption in prisons can take the form of petty bribery, often involving mid- or low-level public officials, for prisoners’ access to basic necessities, the trade in contraband or other individual benefits.
- Corruption in prisons can also include large-scale misappropriation of funds, sexual corruption and violence, often with impunity for perpetrators.
- Corruption can lead to unequal treatment of individuals under their care by prison staff, with a disproportionate impact on those belonging to vulnerable groups.
- Staff may ignore criminal and corrupt activities emanating from or taking place in prisons, which are usually linked to organised crime.
- As prisons do not operate in isolation, the broader social and legal context influences the prevalence and nature of corruption in each prison system and in individual institutions.
- Factors may include the existence of civil conflict, the level of human rights respect, and the strength or weakness of the rule of law, which in turn affects the independence of the judiciary or freedom of the press.
It may be added that corruption in prisons is inextricably linked to practices of torture and ill-treatment, as the CPT has repeatedly highlighted in its reports:
- The Committee reiterates its call on the authorities to continue their efforts to combat the phenomenon of corruption in prisons[1].
- Prison staff and civil servants involved in the penitentiary system should be clearly informed that seeking undue advantage from prisoners or their relatives is illegal and will be severely punished; this message should be repeated in an appropriate form at appropriate intervals[2].
- The Committee would welcome information on measures taken to combat corruption in prisons, including details of any whistleblower protection measures[3].
- Particular attention should be paid to the potential involvement of prison staff in the smuggling of prohibited items into prison and illegal trade in prison. In this regard, consideration could also be given to replacing cash payments in prisons with the introduction of internal ‘bank’ accounts for prisoners and electronic payments[4].
- [1] Report on the periodic visit to Bulgaria carried out by the CPT from 1 to 13 October 2021, Para 68, P. 39; Report on the visit to Armenia carried out by the CPT from 2 to 12 December 2019, Para 58, P. 35.
- [2] Report on the periodic visit to Bulgaria carried out by the CPT from 1 to 13 October 2021, Para 68, P. 39; Report on the visit to Armenia carried out by the CPT from 2 to 12 December 2019, Para 58, P. 35.
- [3] Report on the visit to Romania carried out by the CPT from 7 to 19 February 2018, Para 128, P. 76.
- [4] Report on the visit to Slovenia carried out by the CPT from 28 March to 4 April 2017, Para 37, P. 20.
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